H. Peter Haveles Jr., a partner in the Commercial Litigation Practice Group of Pepper Hamilton, was quoted in the January 31, 2018 Debtwire article, "Judge Puts Taberna CDO Trial on Hold to Consider HoldCo’s Standing to File."
“The junior noteholders are pleased that the court with entertain this motion and believe the evidence will establish that [HoldCo is] non-recourse and therefore not eligible to file,” said Peter Haveles Jr., an attorney for Hildene. Attorneys for HoldCo did not respond to a request for comment.
The motion is a procedural maneuver by the junior bondholders to eliminate the need to finish out a full trial now that one side’s case has been made by asking the judge to rule on a single issue that could lead to the case’s dismissal. “It’s saying to the judge, ‘You’ve seen the evidence and they haven’t proven their case,’” the attorney said.
The article is available for Debtwire subscribers at http://www.debtwire.com/.